Oral question asked in the House of Lords, by Countess of Mar (Crossbench). It was answered on Wednesday, 28 March 2007.

Local Government: Refuse Collection

Question: My Lords, does the Minister hold with the principle that the polluter should pay where he has deposited hazardous industrial toxic waste on land and the land needs reparation? If he does hold with that principle, what is happening with the Environment Agency’s claim in the US bankruptcy court against New Monsanto, and the companies that it has indemnified, for huge deposits—millions of tonnes of industrial waste—on various sites in England and Wales? Why has the 1972 agreement between Monsanto and Redman-Purle not been enforced? It would save the taxpayer at least £100 million.

Answer: My Lords, I am all in favour of saving the taxpayer money on waste collection. I can confirm to the noble Countess that Parts IIA and IIB of the Environmental Protection Act 1990 place the costs of cleaning up sites on polluters. Costs fall on the public purse only in the event that the polluter cannot be identified or cannot pay. I can also confirm that, in May 2006, the Environment Agency filed a protective reservation of rights at the Solutia Incorporated bankruptcy proceedings in the United States, seeking protection and clarification for any liabilities under Part IIA of the Act at Brofiscin or elsewhere in the United Kingdom that derive from historic Monsanto tipping activities. No date has yet been set for the hearing of the agency’s representations. The agency is in regular contact with the US legal representatives and has had confirmation from them earlier this week that there is no two-week deadline for making a claim against the company.

Secondary information

Type: Oral question
Reference: 690 c1645
Session: 2006-07
Oral question type: Supplementary
Chamber / Committee: House of Lords chamber
Related items: Waste Management: Solutia Bankruptcy
Tuesday, 11 December 2007
Written questions
House of Lords; Waste Management: Brofiscin Quarry
Wednesday, 16 July 2008
Written questions
House of Lords; Waste Management: Brofiscin Quarry
Wednesday, 16 July 2008
Written questions
House of Lords
Subjects: Fees and charges Domestic waste Waste disposal
Link: View this Oral question on www.publications.parliament.uk